Jury awards $50 million verdict against LabCorp, Wash. hospital

A Washington state jury returned a $50 million verdict this week against LabCorp and a hospital after finding both were negligent in testing for a genetic defect in a fetus.

On Tuesday, the jury found that the failure to detect a rare genetic disorder — after the child’s parents specifically requested the test to determine whether to continue the pregnancy — injured the child, Oliver Wuth, and his parents, Brock and Rhea Wuth.

The verdict is to pay for damages and for Oliver’s Wuth’s lifetime care. Both LabCorp and Valley Medical Center, in King County, Wash., must share equally the payment of the $50 million verdict, the jury decided.

An attorney for LabCorp indicated Friday that the company could appeal the verdict. LabCorp is headquartered in Burlington and is Alamance County’s largest employer.

“We believe the facts and the law do not support the verdict,” F. Samuel Eberts III, LabCorp’s chief legal officer, wrote in a statement. “LabCorp acted properly and diligently in performing the test that was ordered by the physician. We will consider all available options, including post-trial motions, and appeal if necessary.”

Gardner argued that the birth and resulting damages would have been avoided if the hospital had conducted the test properly and if the LabCorp subsidiary had checked the couple’s medical history.

IN 2007, RHEA Wuth became pregnant, and the couple had the fetus tested for a genetic disorder at Valley Medical Center.

In 2003, Brock Wuth was tested for a chromosomal abnormality that runs in his family and was found to be a carrier. Results of that test showed a 50 percent chance that the abnormality would be passed to his children

The results of that test and documentation of his family history were given to an obstetrician at the hospital, who submitted the genetic test to Dynacare Laboratories, a subsidiary of LabCorp, the complaint said. The doctor didn’t include the genetic information or family history.